Senate Committee Hears Testimony on ADA Amendments Act
Feature Story by Jake Liscow - 7/22/2008
The U.S. Senate signaled that it is ready to start work to pass the Americans with Disabilities Amendments Act of 2008, with the Health, Education, Labor and Pensions Committee holding its first hearing in the Senate on the bill on July 15.
The Americans with Disabilities Act (ADA), passed in 1990, prohibits discrimination against people with physical and mental disabilities in areas such as employment, access to businesses and other public facilities, and transportation. The Senate bill would overturn Supreme Court decisions, which, over the last 10 years, have narrowed the definition of disability and reduced protections for people in the employment context that should be covered by the ADA.
The House passed their version of the bill on June 25, by a vote of 402 to 17.
"The ADA is a broad civil rights statute, intended to give protection across the spectrum of our society," said Sen. Tom Harkin, D. Iowa, in his opening statement. "Following today's hearing, I want to work quickly to get the job [of passing the bill] done."
Sen. Michael Enzi, R. Wyo., agreed with Sen. Harkin on the importance of the bill, calling it "a very important piece of legislation that will impact millions of Americans."
In addition to testimony from legal experts and members of the business community, the committee heard testimony from Carey McClure, who suffers from muscular dystrophy and was a victim of employment discrimination. Muscular dystrophy is a condition which causes muscles to weaken over time.
McClure, an electrician, wanted to pursue a career with General Motors (GM), following in the footsteps of his father and brother. "GM supported our family, and it pays really well and offers good benefits," he said in testimony to the committee. "For as long as I can remember, it's been my dream job."
After several years of trying to get a position at GM, in December 1999 McClure finally received a job offer and relocated to Detroit. But when McClure could not raise his arms over his head during a physical exam for the job, the doctor recommended to GM that they revoke the job offer, which they did.
"I had just quit my previous job, had sold my house, packed my things, and relocated my family. GM had just taken my dream job away from me," said McClure.
McClure filed a lawsuit against GM under the ADA for employment discrimination, but lost the case. The court ruled that McClure was not covered under the ADA because of his "ability to overcome the obstacles" that muscular dystrophy created in his life.
Supporters of the bill hope that the Senate will vote on the bill after the August recess. "The sooner the better," said McClure. "Because each day that goes by, more people with disabilities are discriminated against and, like me, cannot get justice in the courts."
